Loading...
HomeMy WebLinkAbout072715_ca03Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, Public Works Director /County Engineer c2, Agenda Date: Monday July 27, 2015 Subject: Camp Host Agreement for Lake Leland County Campground Statement of Issue: Lake Leland Campground was closed in 2010 due to funding shortfalls. It was reopened and operated by volunteers in 2011 and 2012. A new group of volunteers has been working recently to restore the facility to functional condition. The group leader, Clayton White has also offered to serve as camp host and provide the majority of the maintenance. A camp host agreement has been prepared and is ready for approval in time for a planned August 1, 2015 campground opening. The campground would remain open until November 1, 2015. Analysis /Strategic Goals /Pro's Et Con's: Lake Leland Campground and Day Use Park has a regional draw due to its accessible location and excellent fresh water fishing. Park patrons enjoy the dock, boat ramp, toilets, and camping facilities. Local businesses benefit from increased tourism. Fiscal Impact /Cost Benefit Analysis: Initial estimates indicate that operation of the campground by volunteers is cost neutral. Direct expenditures are roughly equal to campground revenue. Overhead costs are increased. Recommendation: Review and approve the agreement and return two copies to Public Works. Department Contact: Matt Tyler, 385 -9129 Reviewed By: � &- , 6: �pK 4��l� Philip Morle , CoLhity Administrator Date JEFFERSON COUNTY CAMP HOST AGREEMENT AGREEMENT made between Clayton White, hereinafter referred to as the "Camp Host" and Jefferson County, State of Washington, hereinafter referred to as the "County ". RECITALS: Camp Host is willing to enter into this Agreement with the County, and County is willing to retain the Personal Services of Camp Host, on the terms, covenants, and conditions set forth hereinafter. SECTION ONE — AGREEMENT. The County hereby retains the Personal Services of Clayton White, 293382 Hwy. 101, Quilcene Washington, to serve as Camp Host of Lake Leland County Campground located at 165 Leland Valley Road, Quilcene Washington. SECTION TWO — TERM OF AGREEMENT. The term of this agreement shall be a period of three months beginning August 1, 2015 and ending November 1, 2015; subject to prior termination as hereinafter provided. SECTION THREE — CAMP HOST BENEFITS. It is understood and agreed by both County and Camp Host that the Camp Host is an independent contractor with respect to the County and is not an employee of the County and shall receive none of the benefits available to Jefferson County employees including but not limited to: vacation time, sick leave, personal holiday, medical insurance, dental insurance, vision insurance, etc. It is further agreed by the County to carry industrial insurance coverage on the Camp Host. SECTION FOUR — CAMP HOST'S INABILITY TO CONTRACT FOR THE COUNTY. Notwithstanding anything herein contained to the contrary, Camp Host shall not have the right to make any contracts or commitments for or on behalf of the County without first obtaining the written consent of the County. SECTION FIVE — AGREEMENTS OUTSIDE OF CONTRACT. This contract contains the complete agreement concerning the personal services agreement between the parties and shall, as of the effective date hereof, supersede all other agreements between the parties. SECTION SIX — MODIFICATION OF CONTRACT. No waiver or modification of this Agreement or of any covenant condition or limitation herein contained shall be valid unless in writing and duly executed by each party. SECTION SEVEN — TERMINATION. This agreement may be terminated by either party for any reason upon twenty -eight (28) day's written notice to the other. In the event of any violation by the Camp Host of any of the terms of this contract, County thereon may terminate this Camp Host Agreement with notice and with compensation only to the date of such termination. Upon written notice from the County to the Camp Host that the County intends to terminate this Agreement based upon the Camp Host's breach of this Agreement the Camp Host shall have seven (7) days to cure or remedy the alleged breach to the satisfaction of the County's Public Works Department or that Department's designated representative. In the event of a severe breach of this Agreement as determined by the Department's designated representative, the Camp Host Agreement Page 1 of 6 County may prohibit the Camp Host from carrying out the day to day duties of the Camp Host described in this Agreement at anytime deemed necessary by the County. SFCTION FTGr14T — PHYSTC'AT, DFMANDS. The physical demands described herein are representative of those that must be met by the Camp Host to successfully perform the essential functions of the Camp Host position. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the Camp Host's duties, the Camp Host is exposed to outside weather conditions. The Camp Host's duties require sufficient physical ability and mobility to perform heavy and light labor, occasionally lifting and/or moving objects up to 35 pounds. Tasks regularly include walking, standing, stooping, reaching, lifting, and repetitive motion. A good sense of smell, normal range of vision and hearing are required. Common eye, hand and finger dexterity is required for most essential functions. SECTION NINE — SEVERABILITY. All agreements and covenants contained herein are severable, and in the event of any of them with exception of those contained in Sections One and Three hereof, shall be held to be invalid by any competent court, this contract shall be interpreted as if such invalid agreements or covenants were not contained herein. SECTION TEN — CHOICE OF LAW. It is the intention of the parties hereto that this Agreement and the performance hereunder and all suits and special proceedings hereunder be construed in accordance with and under and pursuant to the laws of the State of Washington and that in any action, special proceeding or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, the laws of the State of Washington shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which any action of special proceeding may be instituted. Venue for any civil lawsuit arising from this lawsuit shall be the Superior Court of Jefferson County. SECTION ELEVEN — DUTIES OF THE CAMP HOST. It is understood by both the County and the Camp Host that the Camp Host agrees to complete the duties listed in the Operations Plan set forth in Exhibit A in a conscientious and workmanlike manner. SECTION TWELVE — INTERVENTION POLICY. It shall be a condition of this Agreement that the Camp Host shall follow the Intervention Policy set forth in Exhibit B. The Camp Host shall be provided with not less than two (2) hours of training with respect to the County's Safety Policy. SECTION THIRTEEN — INDEMNIFICATION AND HOLD HARMLESS. Camp Host agrees and covenants to indemnify, defend, and save harmless the County and those persons who were, now are, or shall be duly elected or appointed officials or members or employees thereof, of the County, against and from any loss, damage, cost, charge, expense, liability claims, demand or judgment of whatsoever kind or nature whether to persons or property, arising wholly or partially out of any acts, action, neglect, omission, or default, on the part of the Camp Host. In case of suit or cause of action shall be brought against the County on the account any act, action, neglect, omission, or default on the part of the Camp Host, the Camp Host hereby agrees and covenants to appear and assume the defense thereof and to pay any and all costs, charges, attorney fees and Camp Host Agreement Page 2 of 6 other expenses, and any and all judgments that may be incurred or obtained against the County. In the event the County is required to institute legal action and or participate in legal action to enforce this indemnification and hold harmless clause, the Camp Host agrees to immediately notify Jefferson County in writing of any claim or suit against the County to which this paragraph applies. The indemnification provisions have been mutually negotiated between the parties. SECTION FOURTEEN — ANTI - HARASSMENT AND DISCRIMINATION. It shall be a condition of this Agreement that the Camp Host comply with the Jefferson County Personnel Administration Manual, Appendix F Anti- Harassment Policy and Procedures. SECTION FIFTEEN — ETHICS. It shall be a condition of this Agreement that the Camp Host comply with the Jefferson County Personnel Administration Manual Chapter 11 (General Policies), Appendix B (Code of Ethics Policy and Procedures), Appendix C (Standards of Conduct Policy and Procedures), Appendix E (Alcohol and Drug Free Work Place Policy and Procedure), and Appendix F (Anti - Harassment Policy and Procedure). SECTION SIXTEEN — INSURANCE. Camp Host shall carry and shall provide proof of insurance with the following limits for the duration of this Agreement: Automobile liability insurance in t Third party liability: Property damage: Personal injury protection: Uninsured/underinsured: he following amounts for their personal vehicles Not less than $100,000/$300,000 Not less than $50,000 Not less than the statutory minimum Not less than is obtained by the Camp Host for third party liability SECTION SEVENTEEN — BACKGROUND CHECK. The Camp Host shall successfully complete a multi -state criminal background check. Camp Host Agreement Page 3 of 6 IN WITNESS WHEREOF, the parties have executed this agreement at Port Townsend, Washington on this, the day of f , 20L5 Camp Host Signature ClaytonYhite Camp Host Agreement Page 4 of 6 COUNTY OF JEFFERSON BOARD OF COMMISSIONERS David Sullivan, Chair Phil Johnson, Member Kathleen Kler, Member A proved as to f rm only. -711 tkjl David Alvarez Date Deputy Prosecuting Att rney -70i� '-1 /'-7 // 1- Monte riders E. ate Public Works Director /County Engineer EXHIBIT A Campground Operations Plan Leland Campground - O erations Plan Responsible Party Schedule Equipment Materials Comments Campground August 1 through Operation Dates November 1 Clayton White (Lead), Campground Host(s) Harry Prather (Asst.), Daily esp. Fri /Sat See below See below Dan Cochrane (Asst.) PPE required: Boots, Regular Volunteer provided long pants, eye Mowing /Weedeating/ Volunteer Before opening and on mowers, weed protection, hearing Landscaping going as needed eaters, hand tools protection. Do not use around campers. Toilet paper, Mop and bucket. cleaning Vault Toilet Cleaning 3 x per week (or more Sponge. Broom. supplies. Bloodborne pathogen & Stocking Volunteer often as needed) Dust pan. Rubber Provided or training required. gloves. reimbursed by County. Volunteers to check Vault Toilet Pumping County (via contract) Before opening and as Contractor Contractor and call County. Runs needed about $350 /trip. Trash pick up and Every other day or as Gloves, bags, rake, Bags management Volunteer needed. "grabber" $400 /mo. (Murrays). Dumpster Service County (via contract) 1 x per week Contractor Contractor Paid by campground fees. Campfire Ring After weekend use shovel, rake, Check fire restrictions Maintenance and Volunteer typically grabber and post notices Cleaning Posting and Maintenance of County On -going Signage Fee Collection County 1 x per week Policy about camper Communicate rules Fri /Sat. then every other contact, and use of and camper questions Volunteer day appropriate attire and badge Volunteers to follow intervention policy. Intervention with Meet with Sheriff's uncooperative County Sheriff On call Office prior to opening. campers Review campground ordinance and policy. Miscellaneous Estimate $300 /season. supplies and Volunteer and County As needed Paid from campground hardware fees. Dog waste patrol Volunteer Every visit bags Camp Host Signature Clayton Whit ate Camp Host Agreement Page 5 of 6 EXHIBIT B Jefferson County Parks and Recreation Caretaker and Camp Host Intervention Summary 1. The Caretaker and Camp — Host (the Host) may in a friendly manner: introduce self, greet and assist park visitors, answer questions and explain regulations in an open and friendly manner. The Host may distribute copies of maps, rules, and brochures, may assist in locating a campsite, will be familiar with points of interest, and location of services that might be of interest to the visitor. The Host may assist in park public relations, education activities and special events. The Host will wear their badge and at least one garment or cap with a Parks and Recreation Logo. 2. The Host will not attempt to discipline or apprehend any park user. Host will report any minor disturbance or breaking of rules to the Parks and Recreation Manager. Major issues, crime, or serious emergencies will be reported to the Jefferson County Sheriff. 3. The Host is to inform visitors of rules and regulations. If the campers seem cooperative, the Host can ask them to correct the situation in a friendly manner. If the campers do not comply after one friendly reminder or intervention, then the Host is prohibited from making any further contact with that visitor. The Host must keep in mind that they may not receive immediate response from law enforcement. 4. In the event of a hostile visitor, a visitor that makes the Host uncomfortable, or in an unpredictable situation, the Host will leave the situation immediately and contact the appropriate party. 5. If the visitor's vehicle or campsite is vacant and a rule is being violated, the Host may leave written notice, using the pre - printed notice book. Camp Host Signature -7 /7 Clayton ite Date Camp Host Agreement Page 6 of 6